Protection of business reputation, honor and dignity. Protection of honor, dignity and business reputation Dignity and business reputation

Article 153 of the Civil Code establishes a special civil law way of protecting the honor, dignity and business reputation of a citizen and the business reputation of a legal entity. The right to part, dignity and business reputation is the right to self-esteem and a socially significant assessment of the moral, business and other traits and properties of the subject of civil law, on which their position in society depends.

The concept of honor, dignity is not disclosed in the legislation. The literature has developed the following definitions:

Honor is a reflection of the qualities of a person in the public mind, accompanied by a positive assessment of society; social assessment moral and other personality traits.

Dignity is a reflection of his qualities in his own mind, accompanied by a positive assessment of a person; self-esteem of the individual of his personal qualities, abilities, worldview, fulfilled duty and his social significance.

The business reputation of a citizen who is not an individual entrepreneur is understood as a public assessment acquired by a citizen of his business and professional qualities in the performance of his labor, official and public duties.

Under the business reputation of a legal entity and individual entrepreneur is understood the assessment of their economic (economic) activities as participants in economic (economic) legal relations with other participants in property turnover and citizens who are not such (clause 6 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus dated December 23, 1999 No. 15 "On the practice of consideration by courts of civil cases on the protection of honor, dignity and business reputation ").

According to clause 1 of article 153 of the Civil Code, a citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that it is true.

Consequently, for the emergence of the right to defense, three conditions must be met:

a) information must be disseminated without fail;

b) information must be defamatory;

c) the information must be untrue.

What is meant by each of these conditions is explained in the relevant Resolutions of the Plenums of the Supreme Court

and the Supreme Economic Court of the Republic of Belarus.

Responsibility for the dissemination of such information shall arise regardless of the fault of the person who disseminated it.

The main way to protect honor, dignity and business reputation is to refute defamatory information.

An authorized subject (plaintiff) for the requirements for the protection of honor, dignity and business reputation is a person about whom defamatory information has been disseminated. Judicial practice proceeds from the fact that such requirements can be made by the relatives of this person if the said information directly or indirectly defames their honor and dignity (paragraph 10 of the Resolution of the Plenum of the Supreme Court of December 23, 1999 No. 15).

The person who has disseminated defamatory information is an obligated subject (defendant) in relation to claims for the protection of honor, dignity and business reputation. For requests to refute information disseminated through the media (published in the press, reported on radio, television), both the author himself and the media body (for example, the editorial office of a newspaper, magazine, news agency, publishing house) are involved as defendants. ... When such information is published (or disseminated in any other way) without indicating the name of the author (for example, in an editorial article), the relevant mass media body is recognized as the defendant. If the information was reproduced by him from official messages, speeches on the air, or received from news agencies, then in relation to Article 63 of the Code of Civil Procedure and, accordingly, Article 41 of the Code of Civil Procedure, the body or person who served as the source of such information should also be involved as respondents. They are responsible for proving the validity of the disseminated information.

The Civil Code does not contain a general list of ways to refute information discrediting a person. It indicates only two situations: a) if information is disseminated in the media, they must be refuted in the same media; b) if the information is set out in a document issued by the organization, such a document must be replaced or withdrawn. The procedure for refutation in other cases is established by the court. Since the essence of civil protection of honor, dignity and business reputation consists in rehabilitation, restoration of the good name of a person, the method of refutation should be chosen such that it becomes known to all persons among whom the defamatory information was disseminated.

Determining the method of refutation, the court, in accordance with Article 37 of the Law of the Republic of Belarus "On the Press and Other Mass Media", may oblige the editorial office (publisher) to publish the refutation in a special heading or in the same place on the page as the refuted message or material, in the same volume and in the same font.

The refutation must be broadcast on radio and television at the same time of day and in the same broadcast as the refuted messages or material.

1) in the mass media published

(on the air) at least once a week, - not later than ten days from the date of receipt of the request for refutation or its text;

2) in other media - in the next issue.

Editing by the mass media of the text of the decision or commentary on it, which dispute the decision in content, is not allowed (paragraph 16 of the Resolution of the Plenum of the Supreme Court of December 23, 1999 No. 15).

By virtue of paragraph 5 of Article 153 of the Civil Code, a citizen in relation to whom information has been disseminated that discredits his honor, dignity or business reputation, has the right, along with a demand to refute such information, to demand compensation for moral damage.

In accordance with clause 3 of article 969 of the Civil Code, compensation for moral damage caused by the dissemination of information discrediting the honor, dignity or business reputation of a citizen is carried out regardless of the fault of the perpetrator of harm in monetary form (clause 1 of article 970 of the Civil Code).

Bar exam

Question 84. Protection of honor, dignity, business reputation. Distribution of the burden of proof. Protection of honor, dignity and business reputation (Article 152 of the Civil Code)

Question 84. Protection of honor, dignity, business reputation. Distribution of the burden of proof. Protection of honor, dignity and business reputation (Article 152 of the Civil Code)

A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that it is true.

At the request of interested persons, it is allowed to protect the honor and dignity of a citizen even after his death.

If information defaming the honor, dignity or business reputation of a citizen is disseminated in the media, they must be refuted in the same media.

If the specified information is contained in a document issued by the organization, such a document is subject to replacement or withdrawal.

The procedure for refutation in other cases is established by the court.

A citizen, in respect of whom the mass media have published information that infringes on his rights or interests protected by law, has the right to publish his answer in the same mass media.

If the court's decision is not fulfilled, the court has the right to impose a fine on the offender, collected in the amount and in the manner prescribed by procedural legislation, to income Russian Federation... The payment of the fine does not relieve the offender from the obligation to perform the action provided for by the court decision.

A citizen in respect of whom information has been disseminated that discredits his honor, dignity or business reputation, has the right, along with the refutation of such information, to demand compensation for losses and moral harm caused by their dissemination.

If it is impossible to establish the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the person in respect of whom such information is disseminated has the right to apply to the court with a statement that the disseminated information is not true.

Rules of Art. 152 of the Civil Code on the protection of the business reputation of a citizen are accordingly applied to the protection of the business reputation of a legal entity.

Burden of proof.

By virtue of paragraph 1 of Article 152 of the Civil Code of the Russian Federation, the responsibility to prove the validity of the disseminated information lies with the defendant. The plaintiff is obliged to prove the fact of dissemination of information by the person against whom the claim is brought, as well as the defamatory nature of this information.

At the same time, proceeding from paragraph 3 of the named article, in the case when a citizen, in respect of whom the mass media has published information that is relevant to reality, infringing on his rights and interests protected by law, disputes the refusal of the editorial office of the mass media to publish his response to this publication, the plaintiff is obliged to prove that disseminated information infringes on his rights and interests protected by law.

In accordance with Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 29 of the Constitution of the Russian Federation, which guarantee everyone the right to freedom of thought and speech, as well as to freedom of the media, the position of the European Court of Human Rights when considering cases of protection of honor and dignity and business reputation, the courts should distinguish between statements of fact, the validity of which can be verified, and value judgments, opinions, convictions that are not subject to judicial protection in accordance with Article 152 of the Civil Code of the Russian Federation, since, being an expression of the subjective opinion and views of the defendant , cannot be verified for their validity

From the book Code of the Russian Federation on Administrative Offenses author Laws of the Russian Federation

Article 5. 13. Failure to provide an opportunity to publish a refutation or other explanation in defense of honor, dignity or business reputation Failure to provide an opportunity to publish (publish) a refutation or other before the end of the election campaign period

From the book Civil Code of the Russian Federation. Part one author Laws of the Russian Federation

Article 152. Protection of honor, dignity and business reputation 1. A citizen has the right to demand in court the refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true.

From the book Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses of the Russian Federation) the author State Duma

Article 5.13. Failure to provide an opportunity to publish a rebuttal or other explanation in defense of honor, dignity or business reputation Failure to provide an opportunity to publish (publish) a rebuttal or other explanation in defense of honor, dignity or

From the book A Guide to Proofing in Civil Proceedings the author Reshetnikova I.V.

1.12. Cases on the protection of honor, dignity and business reputation The dignity of the individual is protected by the state, and nothing can be the basis for belittling it (Article 21 of the Constitution of the Russian Federation). This guarantee is given to any person: the dignity of not only an adult and

From the book Collection of current decisions of the plenums of the Supreme Courts of the USSR, the RSFSR and the Russian Federation on criminal cases author Mikhlin AS

3.3. Resolution of the Plenum of the Supreme Court of the Russian Federation "On jurisprudence in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities "(1) dated February 24, 2005 No. 3 In accordance with Article 23 of the Constitution of the Russian Federation, everyone has

From the book The Civil Code of the Russian Federation. Parts one, two, three and four. Text as amended on May 10, 2009 the author Team of authors

From the book Code of Administrative Offenses of the Russian Federation. Text as amended on November 1, 2009 the author author unknown

Article 5.13. Failure to provide an opportunity to publish a refutation or other explanation in defense of honor, dignity or business reputation Failure to provide an opportunity to publish (publish) a refutation or other before the end of the election campaign period

From the book The Civil Code of the Russian Federation. Parts one, two, three and four. Text as amended on November 1, 2009 the author author unknown

Article 152. Protection of honor, dignity and business reputation 1. A citizen has the right to demand in court the refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true.

From book Desk book civil judges the author Nikolay Tolcheev

Chapter 5. Cases on the protection of honor, dignity and business reputation According to Part 1 of Article 152 of the Civil Code of the Russian Federation, a citizen has the right to demand from the court a refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that they correspond

From the book The Civil Code of the Russian Federation. Parts one, two, three and four. Text as amended on October 21, 2011 the author Team of authors

ARTICLE 152. Protection of honor, dignity and business reputation 1. A citizen has the right to demand in court the refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true.

From the book Civil Code of the Russian Federation author's GARANT

From the book Encyclopedia of the Lawyer the author author unknown

From the book Investigative Journalism the author Team of authors

Claims for the protection of honor, dignity and business reputation Article 152 of the Civil Code of the Russian Federation reads:

From the book How and where to write a complaint correctly in order to defend your rights author Nadezhdina Vera

Resolution of the Plenum The Supreme Court RF of February 24, 2005 No. 3 "On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities" In accordance with Article 23 of the Constitution of the Russian Federation, everyone has the right to

From the author's book

Chapter 6. Judicial protection of the honor and dignity of citizens, business reputation of legal entities A citizen or an organization has the right to demand in court the refutation of information discrediting their honor and dignity, business reputation, unless the person who disseminated such information proves that

From the author's book

Statement of claim for the protection of honor, dignity and business reputation In the _____________________________ district (city) court ______________________________ region (region, republic) Plaintiff: _____________________ (name of the organization or surname, address) Defendant: ________________ (name of the organization or surname and s. ,


Court decisions based on the application of the norm of Article 152 of the Civil Code of the Russian Federation.

Art. 152 of the Civil Code of the Russian Federation. Protection of honor, dignity and business reputation

Arbitrage practice

    Decision No. 2-687 / 2019 2-687 / 2019 ~ M-484/2019 M-484/2019 dated June 27, 2019 in case No. 2-687 / 2019

    ... 3 "On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities" by virtue of paragraph 1 of Article 152 of the Civil Code of the Russian Federation, the responsibility to prove the validity of the disseminated information lies with the defendant. The plaintiff is obliged to prove the fact of dissemination of information by the person against whom the claim is brought, as well as defamatory ...
  • Decision No. 2-665 / 2019 2-665 / 2019 ~ M-492/2019 M-492/2019 dated June 26, 2019 in case No. 2-665 / 2019

    Norilsk City Court ( Krasnoyarsk region) - Civil and administrative

    For intangible goods belonging to a citizen, as well as in other cases provided for by law, the court may impose a duty on the offender monetary compensation the specified harm Clause 10 of Art. 152 of the Civil Code of the Russian Federation guarantees judicial protection in cases of dissemination about persons not only of information discrediting their honor, dignity or business reputation, but also of any information disseminated about them, ...

    Decision No. 2-1468 / 2019 2-1468 / 2019 ~ M-1143/2019 M-1143/2019 dated June 26, 2019 in case No. 2-1468 / 2019

    Novocheboksary City Court ( Chuvash Republic) - Civil and administrative

    Honor, dignity of citizens, as well as the business reputation of citizens and legal entities ", in cases of this category, it must be borne in mind that the circumstances, having in force of Art. 152 of the Civil Code of the Russian Federation, the significance for the case, which must be determined by the court during the trial, are: the fact that the defendant spreads information about the plaintiff, defaming the nature of this information and ...

    Decision No. 2158/2019 2-158 / 2019 2-158 / 2019 ~ M-117/2019 M-117/2019 dated June 19, 2019 in case No. 2158/2019

    Klyavlinsky District Court (Samara Region) - Civil and Administrative

    During the day, he experiences strong emotional experiences, since there is no official denial. The amount of compensation for moral damage is estimated at 350,000 rubles. Referring to the provisions of Articles 150 - 152 of the Civil Code of the Russian Federation, the plaintiff asked the court: 1. To recognize the information disseminated by Zuykova Zinaida Nikolaevna in an appeal addressed to the Chairman of the Political Party JUST RUSSIA (* FULL NAME *) 10, on the network “...

    Decision No. 2-658 / 2019 of June 18, 2019 in case No. 2-658 / 2019

    Anapa District Court (Krasnodar Territory) - Civil and Administrative

    Moral harm is carried out regardless of the fault of the tortfeasor in cases where the harm is caused by the dissemination of information discrediting honor, dignity and business reputation. According to Part 1 of Art. 152 of the Civil Code of the Russian Federation, a citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that it is true. Refutation ...

    Decision No. 2-413 / 2019 2-413 / 2019 ~ M-372/2019 M-372/2019 dated June 18, 2019 in case No. 2-413 / 2019

    Kugarchinsky District Court (Republic of Bashkortostan) - Civil and Administrative

    What are the methods of protection civil rights(Art. 12) follows from the essence of the violated intangible benefit or personal non-property right and the nature of the consequences of this violation. According to Art. 152 of the Civil Code of the Russian Federation, a citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that it is true. Citizen, ...

    Decision No. 2-223 / 2019 2-3982 / 2018 of June 14, 2019 in case No. 2-223 / 2019

    Leninsky District Court of Krasnoyarsk (Krasnoyarsk Territory) - Civil and Administrative

    Intangible benefits to a citizen, as well as in other cases stipulated by law, the court may impose on the offender the obligation of monetary compensation for the specified harm. By virtue of paragraph 1 of Art. 152 of the Civil Code of the Russian Federation, a citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that it is true. Refutation ...

    Decision No. 2-1657 / 2019 2-1657 / 2019 ~ M-1020/2019 M-1020/2019 dated June 13, 2019 in case No. 2-1657 / 2019

    Voroshilovskiy District Court of Rostov-on-Don (Rostov Region) - Civil and Administrative

    Expressed in its decrees. The right of everyone to defend their honor and good name, as provided for in Articles 23 and 46 of the Constitution of the Russian Federation, as well as the right of everyone to judicial protection of honor, dignity and business reputation from widespread defamatory information, which is not true, is a necessary restriction of freedom of speech. and...

  • ... your honor and good name. Article 29 of the Constitution of the Russian Federation guarantees everyone freedom of thought and speech, as well as freedom of the media. According to Part 5 of Art. 152 of the Civil Code of the Russian Federation, a citizen in relation to whom information discrediting his honor, dignity or business reputation has been disseminated has the right, along with the refutation of such information, to demand compensation for losses and moral damage, ...

Personal non-property rights, intangible benefits and their protection.

Signs of personal moral rights:

- arise because of not material wealth;

- are deprived of economic content;

- are closely related to the personality of their bearer (the content of personal non-property rights largely depends on the individual characteristics of the person who owns this right).

Under personal non-property it should be understood such subjective rights that provide a legally secured opportunity to require all obligated persons to refrain from any actions that impede the manifestation and correct assessment of individual personality traits in the process of using intangible benefits.

- Related to property rights (eg, the right of authorship to an invention or work).

- Not related to property rights (for example, the right to protect honor, dignity and business reputation).

Only one such right is enshrined in legislation. Art. 152 of the Civil Code of the Russian Federation: The right to protection of honor, dignity and business reputation. The legislator does not establish any other similar rights, since personal non-property right exists only when there is a specific civil legal relationship. The right to life, the right to security of person, etc. do not form special civil relations.

Item 2, Art. 2 of the Civil Code of the Russian Federation: Inalienable human rights and freedoms and other intangible benefits are protected by civil law, unless otherwise provided by law. These intangible benefits include life and health, personal dignity, personal integrity, privacy, personal and family secrets, etc. intangible goods. When subjects of state enterprise cannot have a subjective right, but there is an interest, then this legally protected interest is protected. Interest is protected by establishing appropriate prohibitions. In cases of infringement of this interest, compensation for non-pecuniary damage can be claimed.

Art. 152 of the Civil Code of the Russian Federation: A citizen has the right to demand in court a refutation of information discrediting his honor, dignity and business reputation, if the person who disseminated such information does not prove that it is true.

Honor- public assessment of the personality. Dignity- self-esteem. Business reputation- assessment of the business qualities of a citizen or legal entity. Civil law does not directly regulate honor, dignity and business reputation. The state enterprise must ensure such conditions under which a correct assessment of the moral, ethical, political and other social properties of a person will be given, on the basis of which honor, dignity and business reputation are formed. The right to honor, dignity and business reputation - the right to ensure normal conditions for the formation of a public assessment of such personality traits as honor, dignity and business reputation. For this, it is necessary that the basis of such a public assessment should be based on real facts, and not distorted information that does not correspond to reality.


In order to bring a claim under Art. 152 of the Civil Code of the Russian Federation, required following conditions:

- Information should be defamatory, that is, affect the moral and ethical spheres of human activity that deserve condemnation from the side of society. Resolution of the Plenum of the USSR Armed Forces of March 2, 1989: Defamatory information is such information that belittles the honor, dignity or business reputation of a citizen in public opinion or the opinion of individual citizens in terms of compliance with laws, rules of business ethics, moral principles, in particular, information about the commission of dishonest deed.

- Information should be about facts, not value judgments. Value judgments are a matter of inner conviction of citizens. But those value judgments that focus on defamatory facts go beyond the internal conviction and acquire social significance and go beyond the internal conviction.

- Information should be disseminated. It is enough to bring the information to at least one third party. Resolution of the Plenum of the RF Armed Forces of 1997 No. 11.

- Inconsistency of information with reality. Resolution of the Plenum of the Armed Forces of the Russian Federation of August 18, 1992 "On the protection of honor, dignity and business reputation" clause 7: "The responsibility to prove the validity of the disseminated information lies with the defendant. The plaintiff should not prove that the information discredits his honor and dignity. "

Who can file a claim for the protection of honor and dignity? The plaintiff can be citizens and legal entities. faces. You can bring claims to protect the honor and dignity of deceased citizens (Article 152). You can not bring claims to protect the honor and dignity of other citizens in relation to the plaintiff.

A special procedure for refuting information in the media. The defendant is the author and the editorial board. If the author's name is unknown, then only the editorial board is the respondent. If the media refers to any source, then this source itself must prove the accuracy of the facts.

Features of the refutation of the information contained in performance characteristics... The defendant is the person who signed this characteristic, as well as the organization on whose behalf this characteristic was issued.

Item 6, Art. 152: Sometimes it is impossible to identify the person who disseminated the information. Then the plaintiff can apply to the court to declare such information untrue. That. the applicant himself must prove the inconsistency of the information with reality.

Ways to protect honor, dignity and business reputation.

Clause 2 of Article 152: If the information is contained in a document outgoing from the organization, then it must be replaced or revoked.

If information is disseminated in the media, then it must be refuted in the same media.

In all other cases, questions about the method and procedure for refutation are decided by the court. The method of refutation is determined by the nature of the dissemination of information. Clause 13 of the Resolution of the Plenum of the Supreme Court of August 18, 1992: when considering a claim, the court in the operative part of the decision is obliged to indicate the method of refuting defamatory information. The decision must indicate which information is not true, when and how it was disseminated. The court must determine the time frame within which the refutation must be published.

Sometimes lawsuits are filed for imposing on the media the obligation to publish the plaintiff's response to publication (clause 3 of article 152). This is the so-called right to answer. In this case, it is not required that the information does not correspond to reality or be defamatory. This requirement is presented to the media itself; within one month, the editorial office must inform about the expected time of the response or about the refusal to distribute it.

As a result, a citizen can demand compensation for damages and compensation for moral damage, and a legal entity - only compensation for damages.

Terms in the GP.

Types of terms.

The terms for the exercise of civil rights are the terms during which the entitled person can exercise his right or demand certain actions from the obligated person.

1. Terms of existence of subjective law. With the expiration of the term of the subjective right, this right itself terminates (for example, a person can exchange goods within 14 days, excluding the day of purchase). The terms of existence are not directly related to the implementation of subjective law (noun right, regardless of whether the subject uses it or not).

2. Preventive terms. These are such terms during which the non-exercise of subjective rights leads to the termination of these rights. With the expiration of the pre-emptive period, the subjective right is terminated ahead of schedule. This period is significant and meaningful if it is less than the period of existence of the subjective right. Early termination of a subjective right is a sanction for non-existent. or improper implementation subjective right owned by a person (for example, if a person does not use a registered trademark for 5 years, the right to use may be terminated by a court decision).

3. Warranty periods. Such a period during which the manufacturer or the seller guarantees the trouble-free service of the product, and the buyer can demand free elimination of defects, replacement of the goods. It is only meaningful in combination with other legal facts (the fact of detection of defects in the product). But there is also a period for detecting defects in a product (2 years), it may not coincide with the warranty period. Clause 5 of Article 477: if defects are discovered after the expiration of the warranty period, then the burden of proof lies with the buyer.

There are periods that are of a warranty nature:

expiration dates, set in relation to goods consumer properties which may deteriorate over time.

service life. This is the period during which the manufacturer undertakes to ensure that this product can be used for its intended purpose. Sometimes it is a duty to set such a deadline.

See Articles 1095-1098

4. Claim period. The deadline for filing claims is established by law. The claim must be made before going to court. A claim is a demand presented to an obligated person in order to resolve differences between them (for example, Article 797: before filing a claim with the carrier, it is obligatory to present claims against him).

Today, missing the claim period does not entail the loss of the subjective right itself (in Soviet law, if the claim period was missed, then the claim was rejected). Resolution of the Plenum of the Supreme Arbitration Court of November 12, 1998 No. 18, clause 28: if the plaintiff missed the claim period, the court may charge the plaintiff with the court costs, regardless of the outcome of the dispute.

Limitation of actions.

Resolution "On certain issues related to the application of the rules of the Civil Code of the Russian Federation on the limitation period." Joint Resolution of November 12, 2001 of the Plenum of the Supreme Arbitration Court and of November 15, 2001 of the Plenum of the Supreme Arbitration Court. Consists of 26 positions.

The concept and functions of the limitation period.

Art. 195 of the Civil Code: the limitation period is the term for protecting the right at the claim of the person whose right has been violated. This definition is subject to broad interpretation (not only rights, but also interests).

- gives stability to civil circulation

- allows participants in civil turnover to systematically and efficiently carry out their work

- contributes to the comprehensive and objective resolution of civil disputes

Types of limitation periods:

1. General. Art. 196 Civil Code: the general limitation period is set at 3 years.

2. Special. Previously, special terms could only be shortened. Today Art. 197 of the Civil Code allows you to establish both longer and shorter periods. For example, under contractual agreements. For special deadlines the same legal regime has been established as for general ones (this applies to the following issues: suspension, interruption and consequences of the expiration of time limits).

Action of the statute of limitations.

The norms of the law on the limitation period are imperative in nature. Art. 198 of the Civil Code: the limitation periods and the procedure for calculating them cannot be changed by agreement of the parties. The limitation period applies only at the request of a party to a dispute made before the court makes a decision. A statement of limitation made by a third party does not entail legal consequences.

A statement on the omission of the limitation period made by one of the co-defendants does not apply to other co-defendants, incl. and with joint and several obligations. It is important to note that a statement about the omission of the statute of limitations can be made both in writing and orally.

Requirements for the protection of the violated right are accepted for consideration regardless of the expiration of the limitation period. If the defendant states in the process, a decision will be made to dismiss the claim.

The limitation period does not apply to a number of claims. Art. 208 GK: non-exhaustive list. Reasons for introducing exemptions: the need to provide enhanced protection for certain goods (eg life and health). A number of requirements are not related to civil circulation (for example, requirements for the protection of personal non-property rights and other material goods; requirements of the owner or other owner, when the violation is not related to the deprivation of the ability to own the thing). The limitation period does not apply in the event of challenging a normative legal act. In the event of challenging a non-normative legal act, the limitation period is also not applied, unless the question of protecting the rights and interests violated by this act is raised.

The moment from which the limitation period begins. Item 1, Art. 200 Civil Code: the course of the limitation period begins from the day when the person learned or should have learned about the violation of his right. There are a number of exceptions to this rule. For example, voidable transactions: the statute of limitations begins from the moment the violence or threat ceases. Important clarifications are contained in the Plenary Resolution. Requirements for the protection of the violated right are often made not only by the bearer of the law (prosecutor, government agency). In this case, the limitation period begins from the day when the holder of the right himself learned or should have learned about the violation of his right. The course of the term for a claim arising from a violation begins on each separate part.

Suspension, interruption and restoration of the statute of limitations.

Suspension.

The course of the limitation period is suspended due to the circumstances listed in paragraph 1 of Art. 202 CC. We are talking about the impossibility or special difficulty for the injured party to exercise its right to go to court. The indicated grounds are grounds for suspension if they arose and continued to exist in the last 6 months of the limitation period.

Circumstances:

1. Force majeure (extraordinary circumstances, force majeure). It is impossible to avoid or prevent this circumstance by all economically available means.

2. If the plaintiff or the defendant is in the armed forces transferred to martial law.

3. Moratorium (deferral of performance of an obligation). Should be established on the basis of the law of the Government of the Russian Federation.

4. By virtue of the suspension of the operation of a law or other legal act regulating the relevant relations.

From the date of termination of the grounds for the suspension of the period, the course of the period shall be resumed. The rest of the term is extended to 6 months.

5. Art. 204 of the Civil Code: in the event of a civil claim in a criminal case. The limitation period is suspended until the termination of the criminal proceedings.

Break.

The limitation period is interrupted due to the occurrence of the circumstances specified in the law, after which it begins anew. The time elapsed before the break does not count towards the new time limit. Art. 203 of the Civil Code: interrupts the course of the statute of limitations filing a claim in accordance with the established procedure; recognition of debt. The break rules are applied by the court on own initiative but the proposal itself to suspend the time limit must be made by the defendant. A break is possible only within the limitation period.

An approximate list of actions indicative of debt recognition is given in paragraph 20 of the Resolution of the Plenums:

- recognition of the claim

- partial payment or partial recognition of the claim

- payment of interest on the principal debt

- amendment of the contract

- the debtor's request to amend the contract

Actions evidencing the recognition of the debt must be carried out before the creditor. The limitation period cannot be interrupted by the debtor's inaction.

The claim must be accepted in the prescribed manner. Otherwise statement of claim can be left without movement (for example, non-payment of a state fee). If the person meets the deadline set by the judge to eliminate the violation, the claim is deemed to be filed on time. The claim can also be returned to the plaintiff, this is due to any serious violation (for example, rules on jurisdiction have been violated).

Restoration of the statute of limitations.

Art. 205 CC. It can take place only in exceptional cases, when the court recognizes a valid reason for his omission. Recovery is not allowed in relation to legal entities.

Art. 152 Code of Civil Procedure: in preliminary court session the issue of dismissal of the claim due to the omission of the limitation period may be resolved without examining other factual circumstances. Suspending circumstances have an automatic nature of actions, and restoring ones are taken into account by the court if it deems it necessary.

Consequences of the expiration of the statute of limitations.

Expiration of the limitation period does not terminate the right to bring a claim. Does the expiration of the limitation period entail the termination of the subjective right itself? Art. 206 of the Civil Code: the debtor or other obligated person who fulfilled the obligations after the expiration of the limitation period is not entitled to claim the executed back, even if at the time of execution it did not know about the expiration of the period. Novitsky: after the expiration of the limitation period, subjective law enjoys weakened protection. Genkin: the expiration of the limitation period extinguishes the right to a claim in the material, but not procedural sense. Tolstoy: there is a possibility of the compulsory exercise of any subjective right, therefore, if the right cannot be enforced, then it disappears. The right on the side of the person who missed the statute of limitations arises due to the complex legal structure: the expiration of the statute of limitations; the commission by another person of actions to fulfill previously terminated obligations - these elements lead to the resuscitation of the right. Gribanov: the statute of limitations has legal significance only when considering a claim.

Property rights.

The proprietary law provides the entitled with the opportunity to satisfy the needs through direct interaction with the thing (eg: ownership).

Any right, including property rights, is of a public nature and the satisfaction of material needs always occurs in society è right and necessary to ensure the corresponding of others. Real right and provides the entitled with the opportunity to meet their needs. The law legally ensures that other persons refrain from interfering in the actions of the entitled person.

Signs of property rights.

There are many of them, but the legislator fixes only 2.

1. The absolute nature of the defense. Means that the real right is protected from violation by any third parties.

2. The right of succession. The transfer of ownership of a thing to another person does not entail the termination of other real rights to this property.

Art. 216 GK - an approximate list of property rights:

ownership

business law

the right operational management

life-long inheritance

permanent use right

easements

other property rights

Property rights govern property relations.

Property is a social relationship between people.

First glance. Property is the totality of all production relations (Professor Shkreder). But here there is an identification of the concepts of property and the economic basis of society. Property relations are an element of the economic basis.

Second look(Professor Yu.K. Tolstoy). He reveals ownership relations in three categories:

possession

disposition of ownership

enjoyment

This economic content of the property corresponds to the legal entity. the content of the concept of ownership.

But there are objections to this view. Any phenomenon only then becomes independent when it itself has individual characteristics, and does not consist of simpler categories.

Third look. Most lawyers disclose the content of property using the concept of appropriation.

Any social relationship involves interaction between people themselves. And appropriation characterizes the interaction between a thing and a person - property must be considered from two sides: from the material side and from the public side.

It is important for us to understand how the owner's interaction with other people is expressed in the process of appropriating material goods. S-th rests on the difference between mine and someone else's. A thing can only be considered one of our own when it is alien to everyone else, i.e. the appropriation of a thing by any person inevitably presupposes the alienation of other persons from it è property with a community. the parties are characterized as such total. a relationship within which a thing is alienated from other persons.

Property - public relations, arising as a result of the alienation of all other persons from the thing appropriated by the subject.

Property relations.

PS - this is common. property relations regulated by the norms of the state enterprise.

Subjects of PS:

1. Owner (authorized person). Any SOE entities can act as the owner.

2. All persons surrounding the owner (obligated to the owner).

By constitutional rights, each citizen is guaranteed the protection of honor, dignity and business reputation, the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation are protected. In the Constitution of the Russian Federation, the protection of honor, dignity and business reputation is reflected in article 23, in the Civil Code in article 152, the Criminal Code of the Russian Federation, article 128.1 defamation. In case of violation of the human right to the protection of honor, dignity and business reputation, everyone has the right to go to court and law enforcement agencies to restore the violated right.
The legislation itself does not provide a clear definition of what is the protection of honor, dignity and business reputation. But from practice it is possible to draw conclusions from what constitutes honor, dignity and business reputation and, accordingly, draw a conclusion on how to protect and what to protect.

Dignity is primarily a person's self-esteem

Honor is an assessment from the society of the person himself

Business reputation is the business qualities of a person or legal entity

Violation of human rights to protect honor, dignity and business reputation can be expressed for various reasons:

Civil Code of the Russian Federation, article 152. Protection of honor, dignity and business reputation

1. A citizen has the right to demand in court the refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true. The refutation must be done in the same way that information about the citizen was disseminated, or in another similar way.
At the request of interested persons, it is allowed to protect the honor, dignity and business reputation of a citizen even after his death.
2. Information discrediting the honor, dignity or business reputation of a citizen and disseminated in the media must be refuted in the same media. A citizen in relation to whom the specified information has been disseminated in the media has the right to demand, along with a refutation, the publication of his answer in the same media.


3. If information defaming the honor, dignity or business reputation of a citizen is contained in a document emanating from the organization, such a document must be replaced or revoked.
4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and, in this regard, the refutation cannot be brought to the general knowledge, the citizen has the right to demand the removal of the relevant information, as well as suppression or prohibition of further dissemination of this information by means of seizure and the destruction, without any compensation, of copies of material carriers containing the indicated information made for the purpose of putting into civil circulation, if the removal of the relevant information is impossible without the destruction of such copies of material carriers.
5. If information defaming the honor, dignity or business reputation of a citizen turned out to be available on the Internet after their dissemination, the citizen has the right to demand the removal of the relevant information, as well as the refutation of this information in a way that ensures that the refutation is communicated to Internet users.
6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen, in other cases, except for those specified in paragraphs 2-5 of this article, shall be established by the court.
7. The application of measures of responsibility to the violator for non-execution of the court decision does not relieve him of the obligation to perform the action provided for by the court decision.
8. If it is impossible to establish the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in relation to whom such information is disseminated has the right to apply to the court with a statement that the disseminated information is not true.
9. A citizen in respect of whom information has been disseminated that discredits his honor, dignity or business reputation, along with the refutation of such information or the publication of his response, has the right to demand compensation for losses and compensation for moral damage caused by the dissemination of such information.
10. The rules of paragraphs 1 - 9 of this article, with the exception of provisions on compensation for moral damage, may also be applied by the court to cases of dissemination of any information about a citizen that does not correspond to reality, if such a citizen proves that the specified information does not correspond to reality. The limitation period for claims in connection with the dissemination of the specified information in the media is one year from the date of publication of such information in the relevant media.
11. The rules of this article on the protection of the business reputation of a citizen, with the exception of the provisions on compensation for moral damage, shall accordingly apply to the protection of the business reputation of a legal entity.
The main concept for the protection of honor, dignity and business reputation is the dissemination of information about a person or company that does not correspond to reality.

To restore honor, dignity and business reputation, a person and a company have several ways to restore their rights:

Civil law relations (court, claim, etc.)

Public denial of information that defame honor, dignity and business reputation

Moral injury

Criminal liability

Compensation or payment of non-pecuniary damage is made in judicial procedure under Articles 151, 1099, 1101 of the Civil Code of the Russian Federation. To compensate for harm to protect the honor and dignity and business reputation, both a citizen and entity, can go to court at any time, since on the basis of Article 208 of the Civil Code of the Russian Federation, there are no time limits for these actions.

Civil Code Article 208. Requirements to which the limitation period does not apply

The limitation period does not apply to:
requirements for the protection of personal non-property rights and other non-material benefits, except for cases provided by law;
requirements of depositors to the bank for the issuance of deposits;
claims for compensation for harm caused to the life or health of a citizen. However, claims filed after the expiration of three years from the moment the right to compensation for such harm arose, are satisfied for the past time not more than three years preceding the filing of a claim, except for the cases provided for Federal law dated March 6, 2006 N 35-FZ "On countering terrorism";
claims of the owner or other owner to eliminate any violations of his rights, even if these violations were not combined with the deprivation of possession (Article 304);
other requirements in cases established by law.
The victim may also declare lost profits in connection with information that defame honor, dignity and business reputation, according to article 15 of the Civil Code of the Russian Federation.
Civil Code of the Russian Federation Article 15. Compensation for damages
1. A person whose right has been violated may demand full compensation for the losses caused to him, if the law or the contract does not provide for compensation for losses in a smaller amount.
2. Losses are understood as expenses that a person whose right has been violated has made or will have to make in order to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil turnover, if his right had not been violated (loss of profits).
If the person who violated the right received income as a result, the person whose right was violated has the right to demand compensation, along with other losses, for lost profits in an amount not less than such income.
To restore his violated right in honor, dignity and business reputation, a citizen has the right to apply to law enforcement agencies to initiate a criminal case under Article 128.1 of the Criminal Code of the Russian Federation and to bring the perpetrators to criminal responsibility for libel.

The Criminal Code of the Russian Federation, article 128.1. Slander

1. Libel, that is, the dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation, - shall be punishable by a fine of up to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months or compulsory labor for a period of up to one hundred and sixty hours.
2. Slander contained in a public speech, publicly displayed work, or in the mass media - shall be punishable by a fine in the amount of up to one million rubles or in the amount of the salary or other income of the convicted person for a period of up to one year, or compulsory labor for a term of up to two hundred and forty hours.
3. Slander committed using one's official position - shall be punishable by a fine in the amount of up to two million rubles or in the amount of the wages or salary or any other income of the convicted person for a period of up to two years, or compulsory labor for a period of up to three hundred and twenty hours.

4. Slander that a person suffers from a disease that poses a danger to others, as well as slander, combined with the accusation of a sexual offense, - shall be punishable by a fine of up to three million rubles or in the amount of the wage or other income of the convicted person for the period up to three years or compulsory work for up to four hundred hours.
5. Slander, combined with the accusation of a person of committing a grave or especially grave crime, - shall be punishable by a fine in the amount of up to five million rubles or in the amount of the wages or salary or other income of the convicted person for a period of up to three years, or compulsory labor for a term of up to four hundred and eighty hours.
From the above norms, it can be seen that the legislator clearly regulates responsibility and rights to protect honor, dignity and business reputation.

 

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